1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 3: Proceedings, Pleadings and Process


Section 306 Citation

Surrogate's Court Procedure (SCP)

1. A citation must substantially set forth:

  (a) The name and domicile of the person to whose estate or person the proceeding relates and of the petitioner.

  (b) The names of all persons to be served who have not waived issuance and service of process, or have not appeared. Where the number of persons of any class to be served exceeds 50, it need not specify the name of any person of the class but may be directed to the class by such appropriate designation as the court deems adequate.

  (c) The time when and the place where the citation is returnable, which time must be not more than 4 months after the date of issuance.

  (d) The object of the proceeding and the relief sought in the petition.

  (e) The date when issued.

  (f) The name, address and telephone number of the petitioner's attorney.

  2. In addition it must substantially set forth:

  (a) Where the names of some persons to be served comprising a class are unknown, the names of those persons of the class who are known and a general description of all other persons belonging to the class, showing their interest in the proceeding.

  (b) Where the persons to be served are unknown, a general description of such persons, showing their interest in the proceeding.

  In either of such cases, where the petitioner is ignorant of the name of a person to be served, he may designate that person in the citation by a fictitious name or so much of his name and identity as is known.

  3. The citation shall be in substantially such form as may be provided by the Official Forms appended to this act.

  4. The citation shall be attested in the name of the judge of the court and by the seal of the court, the original shall be filed by the clerk and a copy thereof shall be furnished to the petitioner.